Commonwealth Numbered Acts

PROCEEDS OF CRIME (MISCELLANEOUS AMENDMENTS) ACT 1987 No. 73, 1987 - SECT 9

9. Section 148 of the Principal Act is amended:

   (a)  by omitting "A" and substituting "Subject to subsection (2), a"; and

   (b)  by adding at the end the following subsections:

"(2) The Court may make an order directing the Official Trustee not to pay the
surplus, or a specified part of the surplus, to the bankrupt if:

   (a)  the Director of Public Prosecutions, or a person who is entitled to
        apply for an interstate confiscation order under a corresponding law,
        applies to the Court for an order under this subsection; and

   (b)  the Court is satisfied that:

        (i)    proceedings are pending under the Proceeds of Crime  Act 1987
               or a corresponding law; and

        (ii)   property of the bankrupt may:

                (A)  become subject to a forfeiture order or interstate
                     forfeiture order made in the proceedings; or

                (B)  be required to satisfy a pecuniary penalty order or
                     interstate pecuniary penalty order made in the
                     proceedings.

"(3) The Court may, on application, vary or revoke an order made under
subsection (2).".